News

Marijuana Grow Op Acquittal

Judge Klinger of the Kelowna Provincial Court gave his ruling today on various Charter breach allegations that Stan Tessmer had argued in relation to the police's search of his client's property. After considering a number of arguments, the Judge ultimately found that the police had tresspassed on the defendant's property and had been negligent in carrying out their duties in ensuring the paramaters of the warrant were respected. Specifically the Judge said:

"When assessing the impact of the breach on the Charter-protected interests of the accused, in my view, admission of the evidence may send the message that the accused's rights count for little...in my view, this was a Charter breach would could be considered as bringing the administration of justice into disrepute."

The Judge then excluded all the drug evidence found and acquitted the client. This decision was particularly important, because not only was the client facing criminal charges, but in addition, had he been convicted, the Province was also seeking to have his house forfeited to them as offence-related property. As it stands, the house is still his.